The Foundation Give Love - Fundamor, identified with the NIT 800.181.165-4 with a home among the streets 19 and 20 races 148 and 154 in the headquarters in the beam – to- Pance, Santiago de Cali (Valle del Cauca), and in its other offices in the race 5 # 2-11 San Antonio Neighborhood Santiago de Cali (Valle del Cauca), and on the Sidewalk Mandivá, in Santander de Quilichao - Cauca, in quality of the RESPONSIBLE for THE PROCESSING of your personal data, available to partners, beneficiaries, donors, providers, allies, and the whole community in general, who have provided their personal data, or which in the future may provide your data to Fundamor, this Policy of Processing of Personal Data.
1. Objective
To define the general guidelines for implementing, operating, monitoring, reviewing, maintaining and improving the processing and security of personal data in the operation of the Foundation to Give Love - Fundamor and to ensure the protection of the fundamental rights to privacy, the intimacy and the good name of our partners, beneficiaries, donors, providers, allies, among others, who in the exercise of any activity, including commercial, administrative, labor and mission; are these occasional, transient or permanent, and in which Fundamor to act as the responsible for the processing of personal data.
2. Responsible for the treatment
- Name of institution: Foundation Give Love - Fundamor
- Domicile and address:
- Streets 19 and 20 races 148 and 154. The Beam Pance /Santiago de Cali / Valle del Cauca
- Race 5 # 2-11 - Barrio San Antonio / Santiago de Cali / Valle del Cauca
- Sidewalk Mandiva – Santander de Quilichao / Cauca
- E-mail: datospersonales@fundamor.org
- Phone: +57 (2) 5557685
3. Legal framework
- Constitution, article 15.
- Decree 1074 of 2015.
- Regulatory enactments 1727, 2009, and 2952, 2010.
- Regulatory enactments part No. 1377 of 2013 and 886 2014.
- Law 1266 of 2008.
- Law 1581 of 2012.
- Regulations, decrees and international treaties.
- Policies and internal regulations.
- Judgments of the Constitutional Court C-1011, 2008 and C-748, 2011.
4. Principles
The Foundation Give Love - Fundamor will apply the following specific principles, which constitute the rules to be followed in the Processing of Personal Data:
- Principle of legality in the field of personal data: The Treatment referred to in the present law is an activity-regulated which should be attached to what is established in it, and the other provisions that implement it.
- Principle of freedom: The Treatment can only be exercised with the consent, prior, and informed consent of the Holder. The personal data may not be obtained or disclosed without prior authorisation, or in the absence of a legal mandate or court relieved the consent.
- Principle of purpose: The Treatment must obey a legitimate aim, in accordance with the Constitution and the Law, which must be reported to the Owner.
- Principle of veracity, or quality: The information is subject to Treatment must be truthful, complete, accurate, up-to-date, verifiable and understandable. It prohibits the Processing of data is partial, incomplete, broken or misleads.
- Principle of transparency: In the Treatment must be guaranteed the Holder's right to obtain from the controller or the processor, at any time, without restriction, information about the existence of data concerning him / her.
- Principle of access and restricted circulation: The Treatment is subject to the limitations that derive from the nature of the personal data, the provisions of the present law and the Constitution. In this sense, the Treatment can only be done by persons authorized by the Owner and/or by the persons provided for in this law; The personal data, except for the public information, may not be available on the Internet or other means of communication or mass communication, except that access is technically controllable to provide a knowledge restricted only to the Holders or third parties authorized under this act.
- Safety principle: The information is subject to Processing by the controller or the processor referred to in the present law, shall be handled with the necessary technical, human and administrative measures necessary to give security to the records while avoiding its adulteration, loss, consultation, use or unauthorized access or fraudulent.
- Principle of confidentiality: All persons involved in the Processing of personal data that do not have the nature of public are required to guarantee the confidentiality of the information, even after their relationship with some of the work that comprises the Treatment, being able to only perform supply or communication of personal data when this is appropriate to the development of the activities authorized in this act and in terms of the same.
- Principle of the best Interests of the Child: It is understood in the higher interest of the child and adolescent, and the imperative that forces all people to ensure the satisfaction integral and simultaneous of all their Human Rights, which are universal, prevalent, and interdependent. Except express authorization reserve the identity, diagnosis, health, and other information NNAJ and beneficiaries of the foundation.
5. Definitions
- Authorization: Prior, express and informed consent of the Holder to carry out the Processing of personal data.
- Privacy notice: Written or verbal communication generated by the controller, addressed to the Holder for the Processing of your personal data, by means of which we inform about the existence of the policy of Treatment of information that will be applicable to the way you access them, and the purposes of the Processing that aims to provide the personal data.
- Database: Organized set of personal data which is the object of Treatment.
- Personal data: Any information linked to or that may be associated with one or several natural persons determined or determinable.
- Data public: Is the data that is not semi-private, private or sensitive.
- Sensitive data: It is understood by sensitive data are those that affect the privacy of the Holder of, or whose improper use can generate its discrimination.
- In charge of the Treatment: Natural person or legal entity, public or private, that by itself or in association with others, to perform the Processing of personal data by the Responsible of the Treatment.
- Responsible for the Treatment: Natural person or legal entity, public or private, that by itself or in association with others, decides on the basis of data and/or the Treatment of the data.
- Owner: Natural person, whose personal data are subject to Treatment.
- Treatment: Any operation or set of operations on personal data, such as the collection, storage, use, circulation or suppression.
- Transfer: The transfer of data takes place when the head and/or in Charge of the Processing of personal data, located in Colombia, it sends the information or personal data to a receiver, which in turn is Responsible for the Treatment, and is located within or outside the country.
- Transmission: Processing of personal data which involves the communication of the same inside or outside the territory of the Republic of Colombia for the purpose of Treatment by the Manager for the account of the Responsible.
6. Data collection and consent of the holder
The Foundation Give Love – Fundamor, in the development of its object, has raised, collected and continue raising them always and when there is consent of the Holder, the following personal information: the type and id number, full names, date of birth, gender, location of residence and/or business address, email address, occupation, financial information, cell phone number, city, department, among others who, by law, be laid down as the Personal and sensitive Data.
In some cases include information relating to any images, photographs, voice recordings, audios, videos, and/or any audio-visual medium, as well as data relating to health, education, information belonging to the system of protection of ICBF, etc
The Owner of the data expressly agree that the foundation store, process and use this personal information, partial or total, for the purposes expressed in the act and this policy. If required, you can request proof of the authorization granted to the foundation for the Treatment of data, except in the cases excepted in the act.
7. Purpose of the Data Processing
It is required that the personal information of Users is collected, stored, used, circulated, shared, processed, and/or provide Treatment for:
- (a) to develop their legitimate social purpose in accordance to their statutes,
- (b) to comply with the laws applicable to providers, including but not limited to tax,
- (c) to comply with the laws applicable to former employees, current employees, and candidates for future employment, including but not limited to the labor and social security,
- (d) carry out marketing of their programs,
- (e) conduct surveys, studies and similar formats, related to the prevention of HIV, the inclusion, education and protection of vulnerable communities, the environment and the region, to those who voluntarily wish to participate,
- (f) to develop social programs in accordance to their statutes,
- (g) to endeavour to keep in contact with grantees, alumni of the programs of care and to develop processes for monitoring,
- (h) to Meet all of its contractual commitments,
- (i) to capture, manage, and disclose on the website, social networks and other media of an institutional character, evidence of photographic and videografías captured during the realization of events and activities of the foundation,
- (j) share the personal data to third parties, domestic or international, to provide the alliances and agreements necessary for the implementation of the social object of the foundation,
- (k) Treatment of the personal data that is shared by third parties to the foundation for the proper update of the information in the databases, in order to achieve accuracy and/or quality of the information is subject to Treatment,
- (l) to establish contact through phone calls, text messages, instant messaging applications, social networks, emails, and/or any other medium now known or to be known, by the foundation, in order to make the communications arising out of the above purposes.
8. Rights of the holder of the information
The Holder of personal data shall have the following rights:
- Know, update and rectify your personal data against those Responsible for the care or Charge of the Treatment.
- Request proof of the authorization granted to the Responsible of the Treatment.
- Be informed by the controller or the processor, upon request, in respect of the use that has been given to their personal data.
- Submit before the Superintendence of Industry and Commerce complaints for violations.
- Revoke the authorization and/or request the deletion of the data.
- Free access to your personal data that have been processed.
9. Rights of Children and Adolescents Under the age of 18 Years
The foundation may require the Personal Data of children and adolescents under the age of 18 years, participants of the programs themselves, and in such case, it shall ensure that the processing of personal data of children and adolescents to ensure the respect of their fundamental rights and prevalent.
10. Duties of the foundation as responsible for the Processing of Personal Data
The foundation shall have the following duties:
- Ensure the Holder, at any time, the full and effective exercise of the right of habeas data.
- Request and retain a copy of the relevant authorization granted by the Owner.
- Inform the Holder about the purpose of the collection and the rights to which you are entitled by virtue of the authorization granted.
- To keep the information under the necessary security conditions.
- Update the information by communicating in a timely manner to the Responsible of the Treatment.
- Correct the information when it is inaccurate and to communicate what is relevant to the Charge of the Treatment.
- To supply the processor, as the case may be, only data whose Treatment is approved in advance.
- Demand on the processor at all times, respect the terms of the security and privacy of the information of the Holder.
- To process the requests and claims formulated in the terms indicated in the present law.
- Inform the data protection authority when there are violations of safety codes.
11. Transfer and international transmission of Personal Data by The Foundation
The Foundation Give Love - Fundamor will only share the information of the holders of a personal nature, with third parties with whom we have alliances and/or commercial arrangements, and with third parties that provide any service that is necessary to ensure the continuity of the operation of the same.
Fundamor for the fulfilment of the obligations and commitments with their group of interest and to ensure the levels of service offered, required to transfer and/or transmission national or international of personal information to third parties that we have services for its proper functioning, which will be delivered to the party safely. The data will not be passed on to third parties.
12. Procedure for holders of the information, may exercise the rights to know, update, rectify, delete information, and/or revoke the authorization
The foundation will act as the responsible for the Processing of Personal Data and the channel for which you will receive, process and channel the different applications that are received through e-mail datospersonales@fundamor.organd there will be routed to the respective dependencies.
For the attention of applications such as access, query, modify, update personal data, suppression of information and revocation of authorisation, the Holders of the information or their representatives will be able to manifest them by filling the application form for the Processing of Personal Data: http://bit.ly/3newHhp.
NOTE: The Foundation reserves the right to modify this Policy at any time, without prior notice and at the discretion of the same.
Legal References:
- 1. Law 1581 of 2012, Title II. Guiding Principles.
- 2. Law 1098 of 2006. Code of Childhood and Adolescence.
- 3. Law 1581 of 2012, Article 3. Definitions.
- 4. Decree 1377 of 2013, Article 3. Definitions.
- 5. Law 1581 of 2012, Article 8. Rights of Holders.
- 6. Law 1581 of 2012, Article 17. Duties of the Responsible of the Treatment.